Repeal and Adoption of Faculty Records Rules

Number: 
US14/15-28
Date of Notice: 
Mon, 01/12/2015
Legislation, Resolution, or Policy Adoption: 
Policy Adoption
Current Status: 
Approved on 1/14/2015
Motion: 

Section I

1.1 WHEREAS, the transition to a new Board of Trustees for the University under the law popularly known as Senate Bill 270 of 2013 removed the State Board of Higher Education as a future source of policies for the University of Oregon; and

1.2 WHEREAS, a number of rules adopted by the State Board of Higher Education in the past (primarily known as “Oregon Administrative Rules 580-[various]” or herein as “580 rules” (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2022.pdf) and as “Oregon Administrative Rules 166-[various]” or herein as “166 rules” (contained within http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_166/166_475.html) involve academic matters as commonly understood in higher education; and

1.3 WHEREAS, the University of Oregon has its own rules (primarily known as “Oregon Administrative Rules 571-[various]” or herein as “571 rules”) (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20571%20-%20Division%2030.pdf); and

1.4 WHEREAS, the Senate Executive Committee has reviewed certain “580 rules” of the old State Board regarding Faculty Records and found their topics, issues, and protections adequately covered by substantially equivalent “571 rules” of the University; and

1.5 WHEREAS, the Senate Executive Committee has reviewed certain “580 rules” and “166 rules” of the old State Board regarding Record Retention Requirements and Faculty Records and found their topics, issues, and protections not adequately covered by any equivalent “571 rules” of the University; and

1.6 WHEREAS, Section 170 (8) of Senate Bill 270 provides:

(8) Notwithstanding any other provision of this section, the lawfully adopted rules and policies of the State Board of Higher Education pertaining to a university with a governing board that are in effect on the effective date of this 2013 Act continue in effect until lawfully superseded or repealed by the standards or policies of the governing board or the university [emphasis added]; and

1.7 WHEREAS, the President of the University of Oregon adopted all old “571 rules” as University policies on June 18, 2014 (see document signed by President Gottfredson, available at https://trustees.uoregon.edu/sites/trustees2.wc-sites.uoregon.edu/files/field/image/Adoption%20of%20Former%20Oregon%20Adminstrative%20Rules%20Chapter%20571%20As%20Policies%20of%20the%20University%20of%20Oregon%20-%20June%2018%2C%202014.pdf); and

1.8 WHEREAS, the Senate Executive Committee has taken a “Master List” of rules and policies, added a unique, easy-to-track identifying number to each one, and created a series of subject-matter tabs to help pull rules together under each tab (see Policies of Senate Interest Excel workbook),

Section II

2.1 BE IT HEREBY MOVED that the following 12 “580 rules” (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2022.pdf) are hereby repealed by the University of Oregon Senate (upon subsequent assent by the University President):

350       OAR     580-022-0060     Institutional Rules

351       OAR     580-022-0065     Definitions

352       OAR     580-022-0070     Limits on Records to Be Maintained

353       OAR     580-022-0075     Confidential Information Relating to Employed Faculty Not to Be Sought Nor Accepted

354       OAR     580-022-0080     Certain Information Not Required to Be Given by Faculty Members

355       OAR     580-022-0085     Locations and Custody of Faculty Recoreds

356       OAR     580-022-0090     Release of and Access to Faculty Records

357       OAR     580-022-0095     Confidential Records -- Restrictions on Release

358       OAR     580-022-0100     Access to Files by Faculty Members

359       OAR     580-022-0105     Entry into File of Comments, Explanations and Rebuttals

362       OAR     580-022-0120     Availability of Faculty Records for Research Purposes

363       OAR     580-022-0125     Permanence, Duplication, and Disposal of Faculty Records

2.2 BE IT FURTHER MOVED that the following 10 “571 rules” (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20571%20-%20Division%2030.pdf) have been reviewed by the Senate, have been found to be adequate, are hereby endorsed by the University Senate, and the President is requested to record this endorsement in an appropriate place in the Policy Library, both online and in other files:

140       OAR     571-030-0005     Authority

141       OAR     571-030-0010     Definitions

142       OAR     571-030-0015     Faculty Records -- Restrictions on Use

143       OAR     571-030-0020     Faculty Records -- Restrictions on Contents

144       OAR     571-030-0025     Personal Records -- Restrictions on Access

145       OAR     571-030-0030     Personal Records -- Access by Subject Faculty Member

146       OAR     571-030-0035     Personal Records -- Access for Research Purpose

147       OAR     571-030-0040     Personal Records -- Location and Custody

148       OAR     571-030-0045     Personal Records -- Permanence, Duplication, and Disposal

149       OAR     571-030-0050     Fee for Copies

2.3 BE IT FURTHER MOVED that the following additional 2 “166 rules” (contained within http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_166/166_475.html) and 2 “580 rules” (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2022.pdf) inherited from the Oregon University System (State Board of Higher Education) be enacted as regular University of Oregon Faculty Records policies and Record Retention policies:

20         OAR     166-475-0095     Personnel Records [records retention requirements]

21         OAR     166-475-0100     Publications, Promotions and Alumni Records [records retention requirements]

360       OAR     580-022-0110     Retention of Evaluative Materials Concerning Candidates for Possible Employment

361       OAR     580-022-0115     Availability to Faculty Members of Objective Information Concerning Categories of Staff

Financial Impact: 
Cost neutral, or positive due to reduced confusion.
Sponsor: 

Senate Executive Committee (acting through Professor John E. Bonine)

Legislative History: 

See adoption notes at the end of each existing “580 rule,” “166 rule,” and “571 rule.”